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2026 DAILYLAW 28317 (AP)

MYLAPALLI LAXMI v. The State of Andhra Pradesh

WP/1000/2026 · 2026-01-18

Y Lakshmana Rao

body2026

Judgment text

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APHC010724082025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1000/2026 Between: 1. MYLAPALLI LAXMI, W/O LATE APPALAKONDA, AGED 49 YEARS, OCC HOUSEWIFE, R/O CHINA VATSAVALASA VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.532 405 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522 237 2. SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT 3. STATION HOUSE OFFICER, GARA POLICE STATION, GARA MANDAL, SRIKAKULAM DISTRICT 4. MYLAPALLI RAJA RAO, S/O LATE APPARAO, AGED 53 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT.532 405 5. MYLAPALLI JYOTHI, W/O M. RAJA RAO, AGED 46 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 6. MYLAPALLI TULASIBABU, S/O LATE APPARAO, AGED 48 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1000/2026 MYLAPALLI LAXMI, W/O LATE APPALAKONDA, AGED 49 YEARS, OCC HOUSEWIFE, R/O CHINA VATSAVALASA VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.532 405 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT STATION HOUSE OFFICER, GARA POLICE STATION, GARA MANDAL, SRIKAKULAM DISTRICT - 532 405. MYLAPALLI RAJA RAO, S/O LATE APPARAO, AGED 53 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT.532 405 MYLAPALLI JYOTHI, W/O M. RAJA RAO, AGED 46 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM MYLAPALLI TULASIBABU, S/O LATE APPARAO, AGED 48 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO MYLAPALLI LAXMI, W/O LATE APPALAKONDA, AGED 49 YEARS, OCC HOUSEWIFE, R/O CHINA VATSAVALASA VILLAGE, GARA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT - 532 001. STATION HOUSE OFFICER, GARA POLICE STATION, GARA MYLAPALLI RAJA RAO, S/O LATE APPARAO, AGED 53 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, MYLAPALLI JYOTHI, W/O M. RAJA RAO, AGED 46 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM MYLAPALLI TULASIBABU, S/O LATE APPARAO, AGED 48 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, 2 7. MYLAPALLI VENU, W/O M. TULASIBABU, AGED 45 YEARS, R/O CHINA VATSAVALASA VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 8. MYLAPALLI PERAYYA, S/O LATE MASENU, AGED 68 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 9. MYLAPALLI RAMANA MURTHY, S/O LATE APPANNA, AGED 40 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 10. MYLAPALLI PRAKASH, S/O LATE RAJA RAO, AGED 38 YEARS, R/O CHINA VATSAVALASA VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 11. DASARI RAJU, S/O LATE GANNAYYA, AGED 38 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 12. MYLAPALLI NARENDRA, S/O LATE APPANNA, AGED 35 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 13. MYLAPALLI POLAMMA, W/O NEELAYYA, AGED 53 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 14. DASARI BHULOKAMMA, W/O LATE GANNAYYA, AGED 60 YEARS, R/O CHINA VATSAVALASA VILLAGE GARA MANDAL, SRIKAKULAM DISTRICT. 532 405 15. MYLAPALLI CHINNARAO, S/O GAVARAYYA, AGED 40 YEARS, R/O CHINA VATSAVALASA VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.532 405 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not registering the crime on petitioners complaint dated 26.12.2025 on the file of 3rd respondent as being illegal, irregular and amounts to non- 3 discharge of legal obligation conferred on the respondents under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 1973, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 and 3 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd respondent to register the crime on petitioners complaint dt. 26.12.2025 and prosecute the accused persons for appropriate offences and penal provisions of law, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 ORDER: The writ petition has been filed challenging the inaction of the 3rd respondent in not registering the complaint dated 26.12.2025 lodged by the petitioner. 2. Heard Sri Srinivas Ambati learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Governmet Pleader for Home. 3. The learned Assistant Government Pleader for Home, on instructions, submits that a blanket complaint dated 22.12.2025 was received and the same was endorsed in the General Diary. On the very same day, the Station House Officer has also received PGRS No. SKL20251222210744 from the Superintendent of Police, Srikakulam. Pursuant thereto, the 3rd respondent visited the alleged place of occurrence and conducted a brief enquiry and came to know that no such incident had occurred. It is further submitted that, subsequent to the alleged inaction of the 3rd respondent on her representation, the petitioner did not approach the Superintendent of Police as contemplated under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). She has also not filed any complaint before the jurisdictional Magistrate under Section 190 read with Section 200 of the Code of Criminal Procedure / Section 210 read with Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Considering the facts and circumstances of the case, the petitioner is permitted to submit her grievance before the appropriate forum in accordance 5 with law under Section 156(3) of the Code of Criminal Procedure, 1973/ Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.01.2026 KKV